APHC010018832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1258/2025 Between:

1. K ILAPARTHI KALPANA, D/O K. ATCHIYYA, AGED ABOUT 36 YEARS, OCC. FAIR SHOP DEALER, R/O. D. NO. 2-58(2), LINGAPURAM VILLAGE, KOTAVURTIA MANDAL, VISHAKAPATNAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. .

2. T HE SUBCOLLECTOR, NARSIPATNAM, VISHAKAPATNAM DISTRICT..

3. T HE TAHSILDAR, KOTAVURTIA MANDAL, VISHAKAPATNAM DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the in action of the 2nd respondent in not considering the representation of the petitioner to appoint the petitioner as a Fair Price Shop Dealer compassionate grounds for Shop. No. 07 situated at Lingapuram Village, on Kotavurtia Mandal, Visakhapatnam District is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd respondent to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop. No. 07 situated at Lingapuram Village, Kotavurtia Mandal, Visakhapatnam District and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd respondent to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop. No. 07 situated at Lingapuram Village, Kotavurtia Mandal, Visakhapatnam District pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. K SRINIVAS Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER:

The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the in action of the 2^nd respondent in not considering the representation of the petitioner to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop. No.07 situated at Lingapuram Village, Kotavurtla Mandal, Visakhapatnam District is illegal, arbitrary and violation of principles of natural justice consequently direct the 2^nd respondent to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop. No. 07 situated at Lingapuram Village, Kotavurtla Mandal, Visakhapatnam District….”

2. The petitioner’s late father served as a Fair Price Shop Dealer for Shop No.7 situated at Lingapuram Village, Kotavurtla Mandal, Visakhapatnam District. While in service, he died on 29.07.2018, leaving behind the petitioner and her sister.

3. The case of the petitioner is that she is the President & Secretary of Apurupa Self Help Group, Lingapuram Village, Kotavurtla Mandal and in that capacity, she was appointed as a Fair Price Shop dealer under SHG by the 2^nd respondent to the subject Fair Price Shop. Thereafter, she also submitted a representation dated 31.08.2018 to respondents No.2 and 3 seeking appointment as Fair Price Shop Dealer on compassionate grounds in pursuance of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS-I)

Department, dated 28.02.2014. Pursuant to the said representation, the 3^rd respondent recommended the appointment of the petitioner on compassionate grounds to the 2^nd respondent on 24.06.2019. However, in spite of the same, as no further orders have been passed appointing the petitioner on compassionate grounds, the petitioner is constrained to file the present writ petition.

4. As the p